Section § 2601

Explanation

This law aims to provide partial financial compensation to individuals who can't work due to their own illness or injury, caring for a sick or injured family member, or welcoming a new child through birth, adoption, or foster care. It seeks to lessen the hardship caused by such unemployment circumstances and should be interpreted in a way that supports these goals.

The purpose of this part is to compensate in part for the wage loss sustained by any individual who is unable to work due to the employee’s own sickness or injury, the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child, and to reduce to a minimum the suffering caused by unemployment resulting therefrom. This part shall be construed liberally in aid of its declared purpose to mitigate the evils and burdens that fall on the unemployed worker and his or her family.

Section § 2602

Explanation

This section outlines which rules apply when there is a conflict between general unemployment rules and specific rules about disability benefits. The rules in this part take precedence for disability benefits, while general rules take precedence for unemployment benefits. Also, certain chapters and sections of the law do not apply to this part, meaning that disability benefits have their own set of rules.

(a)CA Unemployment Insurance Code § 2602(a) Except as otherwise provided, the provisions and definitions of Part 1 (commencing with Section 100) of this division apply to this part. In case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part shall prevail with respect to unemployment compensation disability benefits, and the provisions of Part 1 shall prevail with respect to unemployment compensation benefits.
(b)CA Unemployment Insurance Code § 2602(b) The provisions of Chapter 6 (commencing with Section 1501) of Part 1, of this division do not apply to this part.
(c)CA Unemployment Insurance Code § 2602(c) Sections 312, 318, 1251, 1253, 1253.3, 1254, 1255, 1262, 1279, 1326 to 1333, inclusive, 1339, 1340, 1375 to 1378, inclusive, and 1380 do not apply to this part.

Section § 2603

Explanation

Disability benefits that are paid under this specific law are not counted against the financial account that an employer has, as set up by a particular part of the unemployment insurance code.

Disability benefits paid pursuant to this part shall not be charged against an employer’s account maintained pursuant to Article 4 of Chapter 4, Part 1 of this division.

Section § 2604

Explanation

This law states that if the Director of Employment Development thinks there might be financial trouble with the Disability Fund, they must inform the Governor and Legislature. They can suggest changes like adjusting benefit amounts or introducing a longer waiting period for benefits.

In an emergency, the Governor can authorize the Director to modify benefits or eligibility rules to keep the fund stable until the emergency is over or the Legislature takes further action.

Whenever the Director of Employment Development believes that a change in contributions rate or disability benefit amounts may become necessary to protect the solvency of the Disability Fund, he shall at once inform the Governor and the Legislature thereof and make recommendations accordingly. In such case the Governor may declare an emergency and authorize the Director of Employment Development to announce a modified scale of benefits or increased waiting period, or other changes in regulations regarding the eligibility for payment of benefits which the Director of Employment Development may deem necessary to assure the solvency of the Disability Fund; such modified regulations to be in effect until the Governor declares the emergency at an end or until further action is taken by the Legislature.

Section § 2605

Explanation

This law says that if the federal government, specifically the Secretary of Labor or another high-level authority, decides that any part of this law doesn't match up with certain federal unemployment rules, then that part of the law has to stop being used right away.

If at any time the Secretary of Labor or other higher authority rules or determines that any section of this part is not in conformity with the provisions of Title III of the Social Security Act or Section 3302 and Section 3303 of the Federal Unemployment Tax Act by reason of any provision contained in this part, such section shall be immediately inoperative.

Section § 2606

Explanation

This section defines what "employment" means for a particular part of the law dealing with unemployment insurance in California. Generally, it refers to services done for public or governmental entities, but with specific inclusions and exceptions. It includes work at hospitals run by the government, public housing agencies, some state employees, and work covered by special agreements.

Additionally, it covers services performed for non-profit organizations connected with health facilities, provided those organizations don't benefit private individuals or engage in political activities. Exceptions are made for religious roles like priests and ministers. The section has been effective since July 1, 1978.

“Employment” for the purposes of this part means:
(a)CA Unemployment Insurance Code § 2606(a) Service included in “employment” as defined by Part 1 (commencing with Section 100) of this division, except that with respect to service for any public entity as defined by Section 605 “employment” for the purposes of this part includes only:
(1)CA Unemployment Insurance Code § 2606(a)(1) Service for a hospital established, maintained and operated pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code.
(2)CA Unemployment Insurance Code § 2606(a)(2) Service performed for a public housing administration agency whether operated by state or local governmental subdivisions.
(3)CA Unemployment Insurance Code § 2606(a)(3) Service performed by a state employee to the extent provided by Section 2781.
(4)CA Unemployment Insurance Code § 2606(a)(4) Service covered under this part by an elective coverage agreement.
(b)CA Unemployment Insurance Code § 2606(b) Notwithstanding any other provision of this division, all service performed in the employ of a corporation, community chest, fund, or foundation, in connection with the operation of a health facility as defined in Section 1250 of the Health and Safety Code including the institutions described in subdivision (a) of Section 1270 of the Health and Safety Code but not including county hospitals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office and which is exempt from income tax under Section 501(a) of the Internal Revenue Code of 1954, except service performed by an individual as a duly ordained priest, clergyman, rabbi, rector, vicar, pastor, or minister of religion, or by a practitioner who heals the sick by prayer in the practice of religion, or by a reader whose duty it is to conduct regular religious services of a religious organization, or by a member of a religious order in the exercise of duties required by the order, or by any other individual performing service in the practice of religion by designation of the governing body of a religious organization and subject to discipline by, including removal by, the governing body.
This section shall become operative on July 1, 1978.

Section § 2606.4

Explanation

This law says that, even if another law (Section 632) might say otherwise, working as a clerk-carrier for the United States Postal Service is considered 'employment' for this part of the law. This is only true if Congress allows this law to apply to the postal service and permits states to require the postal service to withhold part of a worker's pay for disability benefits related to unemployment.

Notwithstanding Section 632, “employment” for purposes of this part also means service performed as a clerk-carrier in the employ of the United States Postal Service, to the extent Congress permits this part to be applicable to the postal service, and if Congress permits the states to require the postal service to withhold workers’ contributions and to transmit those contributions into a state fund for unemployment compensation disability benefits.

Section § 2606.5

Explanation

This law defines 'employment' to include domestic service performed in private homes, colleges, or fraternities/sororities when $750 or more in cash wages are paid in a calendar quarter. It also covers in-home supportive services where $750 or more is paid, specifying three categories of employing units: recipients who choose their provider, individuals/entities contracted by counties, and counties directly hiring support staff.

(a)CA Unemployment Insurance Code § 2606.5(a) “Employment” for purposes of this part also means domestic service in a private home, local college club, or local chapter of a college fraternity or sorority performed for an employing unit which pays wages in cash of seven hundred fifty dollars ($750) or more to individuals employed in such service during any calendar quarter in the calendar year or the preceding calendar year.
(b)CA Unemployment Insurance Code § 2606.5(b) “Employment” for purposes of this part also means domestic service comprising in-home supportive services under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, performed for an employing unit which pays wages in cash of seven hundred fifty dollars ($750) or more to individuals employed in such service during any calendar quarter in the calendar year or preceding calendar year, and is one of the following:
(1)CA Unemployment Insurance Code § 2606.5(b)(1) The recipient of such services, if the state or county makes or provides for direct payment to a provider chosen by the recipient or to the recipient of such services for the purchase of services, subject to the provisions of Section 12302.2 of the Welfare and Institutions Code.
(2)CA Unemployment Insurance Code § 2606.5(b)(2) The individual or entity with which a county contracts to provide in-home supportive services.
(3)CA Unemployment Insurance Code § 2606.5(b)(3) Any county which hires and directs in-home supportive personnel in accordance with established county civil service requirements or merit system requirements for those counties not having civil service systems.

Section § 2608

Explanation

This law defines a "disability benefit period" as the time someone is continuously unemployed and disabled, starting from when they file a valid claim for disability benefits. If two periods of disability happen due to the same condition and are separated by no more than 60 days, they count as one continuous period for benefits. This rule has been in effect since July 1, 2016.

(a)CA Unemployment Insurance Code § 2608(a) “Disability benefit period,” with respect to any individual, means the continuous period of unemployment and disability beginning with the first day with respect to which the individual files a valid claim for unemployment compensation disability benefits. For the purposes of this part, two consecutive periods of disability due to the same or related cause or condition and separated by a period of not more than 60 days shall be considered as one disability benefit period.
(b)CA Unemployment Insurance Code § 2608(b) This section shall become operative on July 1, 2016.

Section § 2609

Explanation

The term "valid claim" refers to a claim for unemployment compensation disability benefits. To qualify as a valid claim, the person must be unemployed, disabled, and have earned wages from employers that meet certain criteria under the law. These conditions must align with the rules set forth in the code and its regulations.

“Valid claim” means any claim for unemployment compensation disability benefits made in accordance with the provisions of this code and rules and regulations adopted thereunder if the individual is unemployed and disabled and has been paid wages in employment for employers necessary to qualify for benefits under Section 2652.

Section § 2610

Explanation

This law section defines how to determine the 'disability base period' for individuals applying for disability benefits who do not have an active unemployment benefit year. It specifies that the base period is the set of four calendar quarters ending just before the start of the individual's disability claim. For example, if a claim starts in October, the base period is the four quarters ending in June of that year. Similarly, the base periods for claims starting in other months are determined by ending in September, December, or March, respectively.

“Disability base period,” with respect to an individual who does not have an unexpired benefit year for unemployment compensation benefits, means for disability benefit periods beginning in October, November, or December, the four calendar quarters ended in the next preceding month of June; the disability base period for disability benefit periods beginning in January, February, or March, shall be the four calendar quarters ended in the next preceding month of September; the disability base period for disability benefit periods beginning in April, May, or June, shall be the four calendar quarters ended in the next preceding month of December; the disability base period for disability benefit periods beginning in July, August, or September shall be the four calendar quarters ended with the next preceding month of March.

Section § 2611

Explanation

This section explains how to determine the disability base period for people who are eligible for unemployment benefits. If someone has enough earnings during their disability base period, it remains the same as defined in Section 2610. If not, it will be the same as the base period for unemployment compensation benefits.

“Disability base period,” with respect to an individual who has an unexpired benefit year for unemployment compensation benefits, shall be:
(a)CA Unemployment Insurance Code § 2611(a) The same as the disability base period in Section 2610 if the individual has sufficient qualifying earnings in that disability base period.
(b)CA Unemployment Insurance Code § 2611(b) The same as the base period used to establish the benefit year for unemployment compensation benefits if the individual does not have sufficient qualifying earnings in the disability base period in Section 2610.

Section § 2612

Explanation

This law deals with determining disability benefits for someone who can't make a valid claim because they were unemployed during the normal disability base period. If, during any quarter, the person didn't work for more than 60 days while actively looking for work, that quarter can be replaced with an earlier one. This replacement helps in establishing eligibility for benefits. However, benefits will end if the new quarters don't have enough wages to qualify for a claim.

Notwithstanding any other provision of law, except as provided in subdivision (b) of Section 2611, in determining the benefit rights of any person who cannot establish a valid claim pursuant to Section 2652 because he or she is unemployed during the normal disability base period established pursuant to Section 2610, there shall be excluded from the disability base period those quarters during which the person performed no services in employment for 60 days or more and was actively seeking work. For all quarters so excluded, there shall be substituted an equal number of quarters immediately preceding the commencement of the normal disability base period. Benefit rights under this section shall terminate for any disability benefit period that begins when the substitution quarters no longer contain sufficient wages to establish a valid claim under Section 2652.

Section § 2613

Explanation

This law requires the Director of Employment Development to create and sustain an educational program about disability insurance rights and benefits. Employers must inform all new employees about their disability insurance rights, including for sickness, injury, or pregnancy. Starting January 1, 2004, this notice also includes rights and benefits regarding providing care for sick or injured family members, and bonding with a new child within the first year of birth or placement. Employers must inform all new employees upon hiring and those leaving work due to related personal or family reasons.

(a)CA Unemployment Insurance Code § 2613(a) The Director of Employment Development shall develop and maintain a program of education concerning disability insurance rights and benefits.
(b)CA Unemployment Insurance Code § 2613(b) The director shall provide to each employer of employees subject to this part a notice informing workers of their disability insurance rights and benefits due to sickness, injury, or pregnancy. The notice shall be given by every employer to each new employee hired on or after June 1, 1988, and to each employee leaving work due to pregnancy or nonoccupational sickness or injury on or after July 1, 1989.
(c)CA Unemployment Insurance Code § 2613(c) Commencing January 1, 2004, the director shall provide to each employer of employees subject to this part a notice informing workers of their disability insurance rights and benefits due to the employee’s own sickness, injury, or pregnancy, or the employee’s need to provide care for any sick or injured family member, or the employee’s need to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption. The notice shall also instruct the employee to provide notification of the reason for taking leave in a manner consistent with company policy. The notice shall be given by every employer to each new employee hired on or after January 1, 2004, and to each employee leaving work on or after July 1, 2004, due to pregnancy, nonoccupational sickness or injury, or the need to provide care for any sick or injured family member, or the need to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption.

Section § 2614

Explanation

Every year by June 30, the director must report to certain California legislative committees about the department's efforts to prevent and detect fraud. Part of this involves evaluating how effective their system is at catching fraudulent claims using data on incarcerated people. This evaluation should look at how often these checks are done, how well they work, and if they unfairly impact people who are eligible for benefits. The findings are included in the yearly fraud report, but specific fraud prevention details may be kept confidential for security reasons.

(a)CA Unemployment Insurance Code § 2614(a) The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor, Public Employment and Retirement by June 30 of each year on the department’s fraud deterrence and detection activities.
(b)CA Unemployment Insurance Code § 2614(b) The department shall assess the effectiveness of the department’s system of cross matching claims against information about incarcerated individuals. The assessment shall include how regularly the department performs the cross matches, how successful the cross matches are in detecting and preventing fraud, and whether the cross matches negatively affect eligible claimants attempting to legally obtain benefits. The department shall include this assessment in its annual report on fraud deterrence and detection activities. Details on fraud methods and tools may be generalized, excluded, or redacted to protect the fraud deterrence practices of the department.

Section § 2615

Explanation

This law requires the department responsible for disability benefits and family temporary disability insurance to start collecting detailed demographic data, including race, ethnicity, sexual orientation, and gender identity, by July 1, 2026. The data collection uses standardized federal categories, including specific subgroups for Hispanic, Latino, Asian, and Pacific Islander identities, allowing for self-identification. There's also a need to adhere to standards for sexual orientation and gender identity as per another law. The department must update its data collection methods if federal standards change and will provide an online dashboard to show data on program participation, updated quarterly, to compare with population benchmarks.

(a)CA Unemployment Insurance Code § 2615(a) The department, in the administration of this part, shall collect demographic data for individuals who claim disability benefits under Chapter 2 (commencing with Section 2625) or family temporary disability insurance benefits under Chapter 7 (commencing with Section 3300), including race and ethnicity data and sexual orientation and gender identity data. The department shall implement the requirements of this section by July 1, 2026.
(b)CA Unemployment Insurance Code § 2615(b) The department shall collect race and ethnicity data using standardized federal race and ethnicity categories from the federal Office of Management and Budget’s “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.”
(c)Copy CA Unemployment Insurance Code § 2615(c)
(1)Copy CA Unemployment Insurance Code § 2615(c)(1) The department shall also collect subgroup data for race and ethnicity subgroups that aggregate to the federal Office of Management and Budget categories.
(2)CA Unemployment Insurance Code § 2615(c)(2) The department shall collect subgroup data for Hispanic or Latino individuals in a manner that is at least as detailed as that required by the 2011 federal standards for health care surveys, entitled “U.S. Department of Health and Human Services Implementation Guidance on Data Collection Standards for Race, Ethnicity, Sex, Primary Language, and Disability Status,” allowing individuals to not only self-identify as Hispanic or Latino but to also self-identify as Mexican, Mexican American, Chicano; Puerto Rican; Cuban; or other Hispanic or Latino origin.
(3)CA Unemployment Insurance Code § 2615(c)(3) Individuals who choose the residual category “other Hispanic or Latino origin” shall be given the opportunity to specify the group with which they self-identify.
(4)CA Unemployment Insurance Code § 2615(c)(4) The department shall collect subgroup data for Asian and Pacific Islander individuals in a manner that provides for data reporting that is at least as detailed as that required by paragraphs (1) and (2) of subdivision (a) of Section 8310.5 of the Government Code for Asian and Pacific Islander individuals, allowing individuals to not only self-identify as Asian or Pacific Islander but to also self-identify as a member of one of the Asian or Pacific Islander subgroups specified in paragraphs (1) and (2) of subdivision (a) of Section 8310.5 of the Government Code or to choose a residual category of “other Asian” or “other Pacific Islander.”
(5)CA Unemployment Insurance Code § 2615(c)(5) Individuals who choose the residual categories “other Asian” or “other Pacific Islander” shall be given the opportunity to specify the group with which they self-identify.
(d)CA Unemployment Insurance Code § 2615(d) The department shall collect sexual orientation and gender identity data in accordance with Section 8310.8 of the Government Code.
(e)CA Unemployment Insurance Code § 2615(e) The department shall adopt demographic data collection standards, procedures, and processes to implement this section. As the federal Office of Management and Budget’s race and ethnicity categories and standards evolve, the department shall update demographic data collection standards, procedures, and processes in accordance with any new minimum federal Office of Management and Budget race and ethnicity categories or standards, including, but not limited to, those pertaining to Middle Eastern and North African populations and the manner in which race and ethnicity questions are sequenced or combined.
(f)CA Unemployment Insurance Code § 2615(f) The department shall develop and make available online a public-facing dashboard that publishes disaggregated demographic data pertaining to program participation by individuals and is updated on at least a quarterly basis. The department shall benchmark that information to relevant demographic population estimates to ascertain whether program enrollment by members of the state’s various demographic groups is consistent with, or departs from, their share of the appropriate estimated population benchmarks. For race and ethnicity demographic data, such benchmarks shall be determined using population estimates for the federal Office of Management and Budget categories initially specified in subdivision (b) and subsequently specified pursuant to subdivision (e). Wherever available, additional benchmarks shall also be used for population estimates for the subgroup categories specified pursuant to subdivision (c).